Diving into Swimming Pool Variances

Adding a swimming pool to a new or existing home and need a variance?  Betensky Law has successfully obtained variances for swimming pools and related improvements throughout Westchester County and surrounding areas in New York.

A Zoning Board of Appeals is a quasi-judicial body and having an attorney present to advocate for your case and protect your property rights is generally recommended.  Many Zoning Boards have their attorney present at the hearing.  Appearing before the local Zoning Board of Appeals, responding to their comments, their consultants’ comments and navigating the local rules and regulations requires a unique skill set.  Homeowners who appear on the record without an attorney may be at a disadvantage and could be subject to delays, onerous conditions, or other difficulties.  “Zoom” hearings during the pandemic can also be challenging if an applicant is not adept at sharing their screen or does not have a reliable camera and audio setup.

If there are property restrictions such as wetlands or steep slopes, then the application may also become more complicated and require opinions from experts such as biologists.  Having an experienced attorney who has encountered and helped overcome these issues in the past can help streamline and expedite the permitting process, and increase the likelihood of success.

The area variance requirements for a swimming pool are no different than the area variance requirements for other types of improvements, such as tennis courts, pool houses, gazebos, cottages, and detached garages.  A Zoning Board of Appeals must weigh the benefit to the applicant by granting the variance against the detriment to the health, safety, and welfare of the community by such grant, as informed by the following five factors:

  1. Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance.
  2. Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance.
  3. Whether the requested area variance is substantial.
  4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district.
  5. Whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the Board of Appeals, but shall not necessarily preclude the granting of the variance.

Please do not hesitate to call us if you have any questions about retaining a local attorney to help you obtain the necessary permits to construct a swimming pool.

For general information about our firm, please contact us at (914) 338-8050 or send an e-mail to keith@betenskylaw.com.  We look forward to hearing from you.

Betensky Law PLLC
The Empire Building
26 Village Green, Suite 4
P.O. Box 22
Bedford, New York 10506-0022
(914) 338-8050

This is ATTORNEY ADVERTISING. This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of an attorney/client relationship. Prior results do not guarantee a similar outcome.

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